M-21-1Updated
Regulation text

Part XIII, Subpart ii, Chapter 2, Section BRatings for Veterans' Civil Service Disability Preference

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Revised November 16, 2004

XIII.ii.2.B.1.aCertifying Civil Service Disability Preference

For the purpose of certifying civil service disability preference, a service-connected (SC) disability may be assigned an evaluation of “ less than ten percent ” for any directly or presumptively SC disease or injury that exhibits some extent of actual impairment. Reference: For more information on the definition of Veterans’ preference, see M21-1, Part XIII, Subpart ii, 2.A.

XIII.ii.2.B.1.bRequirements for Civil Service Evaluations

For non-combat disabilities, there must be ascertainable residuals before a “ less than ten percent ” evaluation may be assigned for civil service preference purposes. Ascertainable residuals means symptoms that can be objectively verified on examination. Note: Combat-incurred non-compensable disabilities warrant an evaluation of “ less than ten percent.” Reference: For more information on civil service preference ratings, see 38 CFR 3.357.

XIII.ii.2.B.1.cWhen a Rating Is Required for Civil Service Preference

A rating is required for civil service preferance purposes if a previous rating did not establish entitlement to compensation, which includes special monthly compensation or entitlement under 38 CFR 3.324.

XIII.ii.2.B.1.dWhat to Include in the Rating Narrative for Civil Service Preference Determinations

In the Narrative of the civil service preference determination, show the diagnostic code, diagnosis, and an evaluation of either

  • less than ten percent ,” or
  • The noncompensable service-connected disabilities have no ascertainable residuals.”

End of Part XIII, Subpart ii, Chapter 2, Section B

This text is a rendering of Part XIII, Subpart ii, Chapter 2, Section B. The official version is the one that governs your claim.

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